CCMIN06162020 - Laserfiche WebLink

Ward Kanowsky thanked Councilmembers Brown and Testa for participating in the online forum to discuss racial inequity, city governance, and policing. He was disappointed that Mayor Thorne and Chief Swing did not participate. He read comments on behalf of his daughter and a friend which called for policing reform. In response to Mr. Kanowsky, City Manager Fialho reported the Police Department has received diversity inclusion, implicit bias, and procedural justice training. He also reported City staff has participated in diversity inclusion and implicit bias training. Marsha Howard encouraged Council to investigate having a trained social worker on staff to assist with some of the responses that are not necessarily crime related. She would also like to have the topic on unconscious bias in the police policy discussion. Patricia Joki agreed with comments of previous speakers. PUBLIC HEARINGS AND OTHER MATTERS 33. Consider introduction of an ordinance to amend Pleasanton Municipal Code Chapter 9.32 to add a Tobacco Retailer Permit requirement and referrals to counseling for persons under age 21 in possession of tobacco products; and provide policy direction on other tobacco sales restrictions Assistant City Attorney Larissa Seto reported the item is to introduce an ordinance to amend the Municipal Code to add a Tobacco Retailer Permit (TRP) requirement, referring persons under the age of 21 in possession of tobacco products to counseling, and tobacco sales restrictions at existing retail sites. She advised there would be an application process through the Community Development Department which would verify the site complies with City code and state law. She explained the permit would be valid for each calendar year mirroring the same process as a business license and would not be transferrable. She explained there is a due process defined for an applicant's appeal. Lastly, she advised the application fee is set at $550 with an annual renewal of$450. Assistant City Attorney Seto reported compliance monitoring is included in the ordinance so a permittee would be subject to a physical inspection of their business as well as a review of their records. She noted any breach of local, state, or federal law would violate the permit which includes the City Council ban on flavored tobacco, e-cigarettes, and minimum package size and pricing. She reported penalties would be aggregated over five years as follows: 1st violation is a 30-day suspension; 2nd violation is a one-year suspension; 3rd and successive violations would result in the permit being revoked. She provided a comparison of penalties from adjacent cities in the area. Lastly, she noted the violations are also counted against the location. Assistant City Attorney Seto reported the City is proposing Arm's Length Transaction which would allow a site to be sold to a new owner who is not a relative or former partner and would receive a fresh start from the violations. She explained the appeal process and noted violations can be issued by Code Enforcement and the Police Department and prosecuted by the Community Development Department. Assistant City Attorney Seto reported prosecutorial discretion for settlement of violations is decided by the Community Development Director, Hearing Officer or City Manager with the fines as follows: 1st violation is a$1,000 fine and a 1-day suspension; 2nd violation is a$5,000 fine and a ten-day suspension; 3rd violation is a $15,000 fine and a 45-day suspension. She advised Council if they chose to not invoke prosecutorial discretion it can be deleted from the ordinance. Assistant City Attorney Seto reported the Tobacco Retailer Permit would be required by January 1, 2021, which would also be the effective date for the ban on flavored tobacco and e-cigarettes, and minimum package sizes and prices. City Council Minutes Page 6 of 14 June 16,2020